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Page 9 of 10 5. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City. 6. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 7. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site 8. The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 9. A right-of-way permit shall be required for work performed within the City right-of- way. 10. The driveway curb cut location shall be subject to review by the Public Works Director/City Engineer and the Community Development Director prior to the issuance of development permits. 11. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. • Recommend Approval as Submitted: Motion to recommend approval as submitted of Planning Case 25-002 for a variance to construct a new single-family dwelling with a 31.9 foot side yard setback on a corner lot at 3609 Pascal Avenue North, based on the findings of fact and the submitted plans, in the May 7, 2025 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 25-002 for a variance to construct a new single-family dwelling with a 31.9 foot side yard setback on a corner lot at 3609 Pascal Avenue North, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 25-002 for a variance to construct a new single- family dwelling with a 31.9 foot side yard setback on a corner lot at 3609 Pascal Avenue North: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on April 25, 2025. A public meeting notice for this planning case was published in the Pioneer Press. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. The City has not received any public comments regarding this planning case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on April 9, 2025. Pursuant to Minnesota State Statutes Section 15.99, the City must act on this request by June 7,